Santa Clara & Prop 36: What Conviction Data Cannot Communicate About Retail Theft

Photo Credit: Darron Cummings, Associated Press

With voting season for the 2024 California ballot coming to a close, Prop. 36, an attempt to increase sentences for some theft and drug charges, is a significant measure being voted on. 

Prop. 36 would partially rollback The Safe Neighborhoods and Schools Act, a California ballot measure passed in 2014 that allows theft under $950 to be classified as a misdemeanor. In contrast, Prop. 36 requires a repeating offender of two or more theft crimes to be charged with a felony. The measure would also allow certain prison sentences to be extended up to three years, including theft committed by three or more people jointly. 

Lt. Mike Crescini, Public Information Officer of the Santa Clara Police Department, says he recognizes Prop. 36’s potential to serve as a “progressive discipline.” 

“People who had prior theft convictions are not deterred from committing more thefts because they understand they will not end up with a felony,” Crescini said. “They're going to be comfortable continuing to steal because even if they get caught, as long as the amount is under $950, they're going to be ok.” 

According to a statewide survey conducted by the Public Policy Institute of California, 85% of Republican and 63% of Democrat likely voters would vote yes on Prop. 36, despite campaign finance records showing BMCs in favor of Prop. 36 also have made significant contributions to the GOP. 

Large retail corporations like Target, 7-Eleven, Home Depot and Walmart lead in donations supporting Prop. 36 under the Californians for Safer Communities Sponsored by Golden State Communities Ballot Measure Committee. 

For two Target Security Specialists, Diego Alvarado and Junior Suarez, observing theft has become a daily activity at their El Camino location as they monitor activity around entrances and exits. Boosting, a colloquial term for theft used by Target employees, can only be intercepted if a manager or Assets Protection Specialist is present, according to Alvarado.

Alvarado has worked at the El Camino location for nearly a year and recalled a four-month gap in which the team did not have an APS. During this time, the team was not authorized to follow up with perpetrators, resulting in the same shoplifting subjects returning again and again. 

“We had this one crew that was a bunch of little kids and a dad,” Suarez said. “They'd come in here and steal toys and they’d call us slurs.” 

Suarez started at Target a few weeks before the most recent APS was hired, and is confident that with Prop. 36, the store’s shoplifting rates will decrease. 

“Since the APS came we keep telling them you guys are not allowed here,” he said. “The more we put these fences up the more they haven’t come in.” 

While Department of Justice reports show shoplifting has not significantly increased or decreased since 2014 in the City of Santa Clara, research supports that The Safe Neighborhoods and Schools Act has played a role in the increase of coordinated retail theft efforts across the state. 

Lt. Crescini, an officer with the Santa Clara Police Department since 2003, hypothesizes that some businesses might not see the point in reporting theft under the status quo. Prun Dhillon, owner of the 7-Eleven on Benton Street across from Santa Clara University’s campus, has noticed an increase in people’s comfortability with shoplifting since he began running the shop in 2019. 

“It’ll be 2 p.m. broad daylight,” Dhillon said. Shoplifters don’t even try to hide their identity anymore according to Dhillon, “there will be no face mask, no hats.” 

Dhillon says he does not chase after perpetrators but is not afraid to call them out if he sees theft. For the majority of shoplifters that do escape, Dhillon usually cannot find sufficient evidence needed to file a report.

“My understanding is that when business owners chase and prosecute it takes their time and money rather than just taking that $25 hit,” Dhillon said. 

With the 7-Eleven’s proximity to the campus, Dhillon said he has seen the most instances of Santa Clara students stealing items from his store at night while under the influence. To discourage Santa Clara students from shoplifting, Dhillon explains how he builds mutual respect. 

“I get to know everyone and greet them so we have a connection,” Dhillon said. “I have had students step in and say to their friends, ‘Hey don’t take that this is my buddy’s store.’”